West Northamptonshire Council

Moldova

76-92 Great Russell Street, Northampton, Northamptonshire, NN1 3BU

Completed application 070621 which is a Variation Application for Premises Licence from 25/05/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• provision of late night refreshment
• any playing of recorded music
• the sale by retail of alcohol

Additional Conditions

• Licence Conditions

   

  A fully working and maintained CCTV system capable of recording and storing images must be installed on the premises. The system must record at all times the premises is open to the public and images must be stored for a minimum of 28 days with date & time stamping. As a minimum this must cover the public entry and exit points as well as the internal entrances to the licensable areas. A person conversant with the retrieval & downloading CCTV footage must be present on the premises at all times it is open to the public. Recordings must be made available to an officer from a responsible authority upon reasonable request and in line with the provisions of the Data Protection Act 1998.

   

  A minimum of two licensed door supervisors must be employed and on duty at the premises at all times when events involving 100 or more people (not including staff members) are taking place after 23:00hrs on a Friday and Saturday. At all other times, door supervisors will be employed at the premises based upon a threat & risk assessment performed by the premises management and a decision as to whether to employ door supervisors or not will documented in the venues written risk assessment including any rationale as to why this decision was reached. A copy of this risk assessment document should remain at the premises and be made available to an officer from a local authority upon reasonable request.

   

  All security staff must sign a register at the commencement of every duty. This register will contain the name, date of birth and SIA badge number of each security staff member on duty. The register must be fully maintained and kept on the premises at all times and must be made available to an officer from a responsible authority upon reasonable request. Records must be retained for at least 6 months. Door supervisors employed at the venue will wear hi-visibility outer garments at all times both when working inside and outside the venue.

   

  Customers must not take open vessels of alcohol from the premises at any time

   

  The premises licence holder must keep and maintain an up to date list of all members of the management team including contact numbers. This list must be kept on the premises at all times and made available to an officer from a responsible upon reasonable request.

   

  A member of the management team must be on duty and present on the premises at all times when licensable activity is taking place after 22:00hrs.

   

  Every person employed at the premises must prove their Right to Work in the UK. Copies of documentation must be maintained and records kept on the premises that must be produced on demand to an officer of a responsible authority.

   

  Risk assessments required under separate legislation will be maintained and regularly updated.

   

  A sign will be displayed at the exit point of the venue requesting that customers respect local residents by leaving and dispersing from the premises and immediate area quietly.

   

  There are no opening windows and doors

   

  No children under the age of 16 will be allowed to enter or remain on the premises after 00.00 unless for the purposes of attendance at a pre-booked private function and in which case under the supervision of a person aged over 18years old and in this case no later than 02:00hrs.

   

  The premises must have a written dispersal policy that is actively followed at all times when the premises is open to the public after 23:00hrs. This policy must be agreed with Northamptonshire Police and any amendments to it must also be agreed. A copy of this policy must be kept on the premises at all times and made available for inspection to an officer from a responsible authority upon reasonable request.

   

   

  Environmental Health Agreed Conditions

   

  Function Room 2

  No Licensable Activites permitted in Function Room 2

  Function Room 1

  Sunday-Thursday

  All music (live/recorded) to terminate by 02:00

  Premises to close by 02:30

  Friday/Saturday & Sunday prior to a bank holiday and Christmas/New Years Eve

  Live music to terminate by 02:00

  Recorded Music to terminate by 03:00

  Premises will close to members of the public by 03:30

  Environmental Health Agreed Conditions

  Sunday - Thursday maximum of 6 events per calendar month.

  Except for entrance and exit all doors are to be kept closed at all times licensable activities are taking place.

  There are no opening doors and windows (except for entrance/exit doors).

  The outside yard area to the rear and side of the premises must not be used at any time that licensable activities are taking place (except in case of emergency).

  On regular occasions after 23:00 and when the premises is open for the conduct of one or more licensable activities, a member of staff shall survey the area around the premises from time to time to ascertain if any noise from the premises is likely to be heard in any adjacent residential property, The member of staff will report back to the manager on duty and where a need for corrective action is required, this will be logged along with the corrective action taken in a log book.  The log book shall be retained at the premises, unless removed for the purpose of duplication, for a period of at least six months from the date of the last entry.  This record shall remain available for inspection upon reasonable request by an authorised officer of a responsible authority.

  The practice of “bottling out” shall not take place between the hours of 22:00 and 08:00. (Note, Bottling out is the tipping of empty bottles or cans into refuse bins).

  A contact telephone number shall be provided for the use of local residents and enforcement officers to call in the case of emergency.  This number shall be conspicuously displayed at the exterior of the premises.

  A log book shall be maintained that shall record details of any calls made to this contact telephone number by a local resident or enforcement officer where that call is in relation to one or more of the licensing objectives. The log shall record the date and time of the call, the identity of the caller if known, te issue reported and the corrective action taken.  The log book shall be retained at the premises, unless removed for the purpose of duplication, for a period of at least six months from the date of the last entry.  This record shall remain available for inspection upon reasonable request by an authorised officer of a responsible authority.

   

   

   

   

   

   

• MANDATORY CONDITIONS

   

   

  19              Mandatory conditions where licence authorises supply of alcohol

   

  (1)              No supply of alcohol may be made under the premises licence -

   

  (a)              at a time when there is no designated premises supervisor in respect of the premises licence, or 

   

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  (2)              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

• ADDITIONAL MANDATORY CONDITIONS.

   

  The following mandatory conditions are to be applied to the licence stated above in accordance with The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 as amended by the The Licensing Act 2003 (Mandatory Licensing Conditions)(Amendment) Order 2014.

   

  The following conditions shall come into force on 1st October 2014

   

  1.  (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

  (a)games or other activities which require or encourage, or are designed to require or encourage, individuals to-

  (i)drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii)drink as much alcohol as possible (whether within a time limit or otherwise);

  (b)provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

  (c)provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

  (d)selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

  (e)dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

  2.  The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  3.  (1)  The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either-

  (a)a holographic mark, or

  (b)an ultraviolet feature.

  4.  The responsible person must ensure that-

  (a)where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

  (i)beer or cider: ½ pint;

  (ii)gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii)still wine in a glass: 125 ml;

  (b)these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  (c)where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.”

   

   

   

                             

• The following mandatory conditions are to be applied to the licence stated above in accordance with The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014.

  The following conditions shall come into force on 28th May 2014

  1.  A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

  2. For the purposes of the condition set out in paragraph 1-

                (a) “duty” is to be construed in accordance with the Alcoholic
                    Liquor Duties Act 1979
                (b) “permitted price” is the price found by applying the formula-

                                             P = D + (DxV)

  Where -

       (i)   P is the permitted price,

        (ii)  D is the rate of duty chargeable in relation to the alcohol as if
               the duty were charged on the date of the sale or supply of the
              alcohol, and
       (iii) V is the rate of value added tax chargeable in relation to the
              alcohol as if the value added tax were charged on the date of
              the sale or supply of the alcohol;

  (c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence -

                (i) the holder of the premises licence,
              (ii) the designated premises supervisor (if any) in respect of
                    such a licence, or
              (iii) the personal licence holder who makes or authorises a
                    supply of alcohol under such a licence;

  (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

  (e) “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

  3.  Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

  4.  (1)  Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted prie on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

       (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

• Operating Schedule as per Variation October 2020

   

  1. A refusals register must be kept at the Premises and maintained up to date at all times recording the date time, type of

  product refused, reasons for every refusal to sell alcohol to a customer and the name and signature of member of staff

  refusing the sale.

  2. The refusals record must be made available to Northamptonshire Police or an Officer of a Responsible Authority on request, or during an inspection.

  3. The Premises Licence Holder or the Designated Premises Supervisor must monitor the Refusals Register every month and

  must sign and date the Refusals Register when this has been completed, or if the Refusals Register is electronic the check

  and date and time of the check must be clearly recorded.

  4. Training in relation to the Licensing Objectives, Challenge 25, under age sales, sales to adults on behalf of minor (proxy

  sales), sales to intoxicated persons, refusals registers, incident records and all other conditions on the Premises Licence

  must be provided and undertaken by all members of staff (whether paid or unpaid) before he / she makes a sale or supply

  of alcohol and at least every six months thereafter.

  5. Documented training records must be completed in respect of every member of staff and must include the name of the

  member of staff trained, date, time and content of the training. The record must be signed by the member of staff who has

  received the training, the Designated Premises Supervisor, the Premises Licence Holder or external training providers.

  6. Documented training records must be kept at the premises and made available to Northamptonshire Police or an Officer of a Responsible Authority on request, or during an inspection.

  7. The Licence Holder shall ensure that all lighting (including emergency lighting) is checked on a weekly basis. Entrances,

  exits and passageways shall be kept clear.

  8. At least one member of staff on duty will be trained in the use of first aid.

  9. All electric, gas and fire equipment will be checked and maintained in working order and tested annually.

  10. A fire drill will be carried out weekly.

  11. The premises shall adopt the challenge 25 scheme, namely that staff must require ID in the form of a current ten-year

  passport, or photo card driving licence from any customer who appears to be under the age of 25 and verify the customer

  is over the age of 18 before any sale of alcohol is made

  12. Notices must be exhibited at all points of sale and at all entrances and exits informing customers and staff that the Premises is operating a Challenge 25 Policy.

   

• Additional Condition as Agreed with Environmental Health Following Variation Application October 2020

   

  The premises licence holder shall not carry on any live music in the area indicated as Function Room 2 on the floor plan attached to the premises license until

  (i) the premises license holder obtains and supplies to a West Northamptonshire Council Environmental Health Officer an independently prepared, written noise assessment report outlining proposed mitigation measures and/or works regarding the area outlined in red,

  (ii) a West Northamptonshire Council Environmental Health Officer issues the premises license holder with a written approval regarding any proposed noise mitigation measures and/or works to be carried out at the premises or written confirmation that, upon consideration of the report, no measures and/or works need be carried out and

  (iii) the premises license holder supplies written confirmation of the completion of any approved noise mitigation measures and/or works to  West Northamptonshire Council.

   

• This licence applies to rooms one and two of the premises as indicated on the plan submitted as part of a variation application in October 2020.  It does not apply to the basement area of the premises as was also originally indicated in that plan.